SETTLEMENT AGREEMENT
THIS SETTLEMENT AGREEMENT (the “Agreement”) is made by and between Arthur West
(“West”) and the City of Seattle (the “City”). Each of the above is a “Party” and they are
collectively referred to herein as “the Parties.”
RECITALS
A. West asserted claims against the City, the Seattle City Council and individual
Councilmembers in the matter captioned West v. City of Seattle, et al. (King
County Superior Court, Case No. 18-2-15000-1), which was consolidated with a
related suit, Egan v. City of Seattle, et al., as a consolidated action in King County
Superior Court bearing Case No. 18-2-14942-8 SEA (the “Lawsuit”).
B. Egan’s claims in the Lawsuit have previously been dismissed (see Sub Nos. 106,
116, and 117) and the Parties now wish to resolve the Lawsuit as set forth in this
Agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein, the
Parties hereby agree as follows:
AGREEMENT
1.

Statement of Purpose

This Agreement is for the purpose of resolving, compromising and settling any actual or
potential issue, claim or dispute between the Parties arising out of or relating to the Lawsuit. The
Parties have agreed to settle and compromise as set forth herein, and are satisfied that the terms
and conditions of this Agreement are fair, adequate and reasonable.
2.

3.

Payment
2.1

No later than ten (10) business days following the Effective Date, the City shall
make payment to West in the amount of Thirty-Five Thousand Dollars
($35,00.00) (the “Payment”).

2.2

The Payment shall be delivered to West c/o his counsel: Joseph Scuderi, Scuderi
Law Offices, P.S., 924 Capitol Way S., Olympia, WA 98501.

Stipulated Dismissal

The Parties shall promptly submit a Stipulation and Order for Dismissal in substantially the form
attached hereto as Exhibit A.
4.

Release and Waiver of Fees
4.1

West does hereby fully, finally and forever release, acquit and discharge the City,
the Seattle City Council, including but not limited to current or former
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 Councilmembers Sally Bagshaw, Bruce Harrell, Lisa Herbold, Lorena González,
Rob Johnson, Debora Juarez, Teresa Mosqueda, Mike O’Brien, and Kshama
Sawant, and their respective employees, marital communities, heirs, beneficiaries,
successors, assigns, and lawyers and law firms, (each a “Releasee” and
collectively the “City Releasees”) of and from any and all manner of actions,
causes of action, suits, damages, rights, claims, demands, reimbursements,
expenses, agreements, promises, liens, judgments or liabilities of any nature
whatsoever, at law or in equity, known or unknown, asserted or unasserted,
contingent or otherwise that are based in whole or part on any act or omission
from the beginning of time through the Effective Date of this Agreement, that
West has, or which may hereafter accrue, on account of, arising out of, or in any
way related to: the Lawsuit, including the subject matter, the asserted claims, or
any claim that could have been asserted therein. Releasees other than the
signatories are intended third-party beneficiaries of the release stated herein.
4.2
5.

West agrees that he shall not request, waives any right to, and may not receive,
attorneys’ fees or costs in the Lawsuit, pursuant to statute or otherwise.

No Admission of Liability

This Agreement does not constitute and shall not be construed as an admission of liability.
Neither any consideration provided hereunder nor the grant of any release shall be considered an
admission by or against any Party or Releasee, and no past or present wrongdoing on the part of
the Parties or any Releasee shall be implied by consideration, release, or this Agreement.
6.

Miscellaneous Provisions
6.1

Each Party represents that no other person or entity has, or has had, any interest in
the claims, demands, obligations or causes of action referred to in and released
pursuant to this Agreement; that each Party has the authority to execute this
Agreement; and that each Party has not sold, assigned, transferred, conveyed or
otherwise disposed of, by operation of law or otherwise, any of the claims, rights,
demands, obligations or causes of action referred to in this Agreement.

6.2

In entering into this Agreement, no Party has made any representations or
warranties, and no Party has relied upon any representations or warranties, other
than those representations and warranties as may be expressly stated in this
Agreement.

6.3

Each Party represents and acknowledges that he, she or it has read this
Agreement, has had adequate opportunity to consult with his, her or its legal
counsel regarding this Agreement, is satisfied that the terms and conditions are
fair, adequate and reasonable, and fully understands and agrees to its terms.

6.4

This Agreement shall be binding upon and inure to the benefit of the Parties and
their legal representatives, heirs, beneficiaries, administrators, executors,
successors and assigns.
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 6.5

If any provision of this Agreement shall be held by a court of competent
jurisdiction to be illegal, invalid or unenforceable, the remaining provisions shall
remain in full force and effect.

6.6

This Agreement may not be changed, amended, modified, terminated, waived or
discharged except in a subsequent written agreement signed by the Parties hereto.

6.7

This Agreement has been negotiated by the Parties and each Party has had
opportunity to consult with his, her or its respective counsel and this Agreement
shall be interpreted fairly in accordance with its terms and without any strict
construction in favor of or against any of the Parties.

6.8

This Agreement will be effective when fully executed by the Parties and each
Party has been delivered a fully-executed copy (the “Effective Date”). This
Agreement may be executed in counterparts (including facsimile and/or
email/PDF) that, taken together, will be effective as if they were a single
document.

6.9

This Agreement shall be governed by and construed in accordance with the laws
of the State of Washington, without regard to principles of conflicts of laws, as
applicable to agreements made and to be performed entirely within Washington.
The prevailing party in any action arising from or relating to this Agreement shall
be entitled to reasonable attorneys’ fees and costs.

6.10

This Agreement sets forth the entire agreement and understanding between the
Parties concerning the subject matter set forth herein, and merges all prior
discussions between them, concerning its subject matter. None of the Parties is
bound by any conditions, definitions, warranties, understandings, agreements, or
representations, whether written or oral, with respect to such subject matter other
than as expressly provided in this Agreement.
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 IN WITNESS WHEREOF, the Parties have executed this Settlement Agreement effective as of
the Effective Date provided for herein.

CITY OF SE

By:
Name:
Title: 49;4114iff 6

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